What Are the Conditions Governing the Validity of Marriage in Islam

The terms of an appropriate nikaah (marriage contract) are as follows: 1. The bride and groom must be clearly identified, either by indicating their name or description, etc. If the conditions are met and a mahr and a contract are agreed, an Islamic marriage or marriage can take place. The marriage contract is also often signed by the bride. The consent of the bride is mandatory. The Islamic marriage is then declared publicly, in iʿlān (Arabic: إِعْلَان), by a responsible person after giving a sermon to advise and lead the couple. It is not necessary, although common, that the person who marries the couple be based on religion in knowledge. The husband can preach the sermon himself in the presence of representatives on both sides if he is religiously educated, as the story revolves around Imam Muhammad bin Ali around 829 AD. This is usually followed by a solemn reception in accordance with the customs of the couple or region, which may last a few hours or precede the wedding and end several days after the ceremony. The Qur`an tells believers that even if they are poor, they must marry to protect themselves from immorality [25] [Quran 24:33]. The Qur`an states that marriage is a legitimate way to satisfy sexual desire.

[26] Islam recognizes the value of sex and camaraderie and advocates marriage as the foundation of families and the channeling of the satisfaction of a basic need. Marriage is highly valued and considered half of the faith, according to Muhammad. The question of whether marriage is compulsory or simply permissible has been studied by several scholars and has agreed that “if a person has the means to marry and is not afraid to abuse his wife or commit illegality when he marries, then marriage in his case is mustahabb (preferred)”. [27] In March 2017, Salamet Memetimin, a Uyghur and Communist Party secretary for Bekchan village in Chaka County, Qira County, Hotan Prefecture, Xinjiang, China, was relieved of her duties for placing her Nikah wedding vows at her home. [87] In interviews with Radio Free Asia in 2020, residents and officials of Shufu County (Kona Sheher), Kashgar Prefecture (Kashi) said that it was no longer possible to perform traditional Uyghur Nikah wedding rites in the county. [88] Islamic and civil marriages are no different concepts. Civil marriage takes place under the supervision of the civil authorities. Islamic marriage also requires supervision, and the principal superior is sought to be the father of the bride. If the father and other male family members renounce the obligation of supervision or oppose marriage without An Islamic basis, the superior becomes a civil or other legal authority. A commitment can be arranged between families for their children, but Islamic requirements for a legal marriage include the requirement that both parties, the bride, groom and guardian of the bride (Wali), give their legal consent.

Marriage without the consent of the bride or under duress is illegal, according to the majority of scholars. Imamiyyah, Shafi`i and Hanbali schools mention “immediacy” as a condition of a marriage contract. By immediacy, they mean the immediate acceptance of the offer. The Malikis consider that a slight delay is inconsequential, . B as a delay caused by the recitation of a short sermon or other. The Hanafi school is of the opinion that immediacy is not necessary. Schools also agree that a marriage contract is valid if it is recited by the bride or her representative using the words ankahtu or zawwajtu (both meanings). I gave in marriage) and accepted by the groom or his assistant with the words “qabiltu” (I accepted) or “raditu” (I accepted). Studies have also shown that even young Muslim Americans who might call themselves “not very religious” adopt the rituals of their faith at important moments in the transition — birth, death, and marriage.

These occasions motivate the confirmation of emotional and behavioral touchstones, even for those who do not practice their faith, by regularly going to the mosque, praying or fasting. [82] Marriage with what are sometimes called care relationships in English is not permitted, although the concept of “care” is not the same as the English word implies. The relationship is the one formed by sucking the breast of a nurse. This is what is meant by “care” in Islam in the following quote. In Islam, it is assumed that the child has the same degree of affinity for the nurse as in blood relations, so that when the child grows up, marriage with those related to the nurse is forbidden to the same extent as with the child`s own mother. Under Sunni law, a Muslim man is allowed to marry a woman who shows respect for the same scriptures as Christain, Parsi, and the Jews, but if he marries an idol/fire worshipper, the same is considered irregular. A Muslim woman is not allowed to marry a non-Muslim man, and when this happens, the same is considered irregular. According to Shia law, a marriage to non-Muslims is considered null and void. According to Fyzee, such a marriage is void, but according to Mulla, such a marriage is irregular.

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